Rajnath Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5553 of 2020 ====================================================== Rajnath Mochi, Son of Late Butan Mochi, Resident of Village-Bhairopur Nijamat, P.O. and Police Station-Doriganj, District-Saran (Chapra). ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna 2.

The National Highway Authority of India through its Regional Officer, Patna.

3.

The Project Director, national Highway Authority of India, Chapra (P.I.U.), District-Saran.

4.

The Collector, Saran at Chapra.

5.

The Competent Authority-Cum-District Land Acquisition Officer, Saran at Chapra.

6.

The Anchal Adhikari, Sadar Chapra, District-Saran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Bashishtha Narayan Mishra, Advocate Mr. Sachida Nand Rai, Advocate For the State :

Mr.Raj Kishore Roy, GP-18 For the NHAI :

Mr. Shri Nath Pathak, SC ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 22-11-2021 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for "issuance of a writ of mandamus or any other appropriate writ or writs directing the respondents for making payment of amount of Rs.15,83,636.87 under Award No.81 dated 23.08.2018 issued by the respondent no.5 and further for not making any work/construction over the plot mentioned in the award till the payment of the award amount and not taking forcible possession from the petitioner over the land bearing Khata No.239, Plot No.467, Area 10 Dhurs situated at village-Bhairopur Nijamat, Anchal-Sadar Chapra, District-Saran And/Or for passing such other order or orders for which the

Patna High Court CWJC No.5553 of 2020 dt.22-11-2021 2/2 petitioner will be found entitled in the eye of law and he should not be dispossessed from the land without payment of amount of compensation for the land".

3. At the very outset, learned counsel for the petitioner states that he has filed a representation for issuance of requisite certificate of ownership before the Collector, Saran at Chapra (respondent no.4) on 17.12.2018, which appears to be pending. It will suffice if a direction for disposal of the representation is issued without entering into the detailed merits of the matter.

4. Learned counsel for the State and NHAI appear and have been heard.

5. Having regard to the nature of the grievance and the stand of the petitioner, the writ petition is disposed of with a direction to the Collector, Saran at Chapra (respondent no.4) to consider and dispose of the representation of the petitioner, said to have been filed on 17.12.2018, if still pending, on its own merits in accordance with law and after grant of an opportunity of hearing to the petitioner, expeditiously and in any event preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment. (Vikash Jain, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 24.11.2021 Transmission Date N.A.